Water Engagement Roundup
The topic for the Water Engagement Roundup webinar recorded on Wednesday 19 June 2024 was NRAR's role as a water regulator and how they help people comply while educating for the future.
Watch the webinar
Wednesday, 19 June 2024. This month, the topic was NRAR's role as a water regulator and how they help people comply while educating for the future.
Questions and answers
How is compliance being managed in areas where metering roll out has not been completed?
The non-urban metering rules are rolled out in stages to give water users, suppliers and installers of metering equipment enough time to prepare to become compliant with the rules.
The next rollout date is for water users in the Coastal regions who must have compliant equipment installed by 1 December 2024.
If you are captured by the non-urban metering rules and you are installing a new or replacement meter – your new meter must be compliant, regardless of your rollout date.
For details on non-urban metering rules and compliance, visit: Non-urban metering
Does NRAR serve the public directly?
NSW Natural Resource Access Regulator (NRAR) is an independent regulator that deals directly with the public. The community can report possible breaches directly to NRAR as well.
NRAR makes sure water is used legally and that everyone gets a fair share. Water is for everyone.
Under the Natural Resources Access Regulator Act 2017, NRAR was established to enforce laws in a fair and transparent manner.
NRAR also works to maintain public confidence in the enforcement of those laws.
What does the NRAR consider when approving a license to access water?
NRAR is not involved in the issuing of licences or approvals. As the regulator, NRAR are independent of that process.
The Water Group at the NSW Department of Climate Change, Energy, the Environment together with WaterNSW share responsibility for granting and managing water access licences and water supply work approvals. To find out which entity will manage your licence or approval visit: Water agencies
What is NRAR's position or framework for dealing with stormwater harvesting in inland towns?
With harvestable rights, which is one of the basic landholder rights for water users, landholders can collect a proportion of rainfall that falls on their property and store it in harvestable rights dams. This can be used for any purpose, depending on where you are in NSW will influence how much water you can actually catch.
Catchment is calculated as a percentage of the rainfall that falls on your property. Harvestable rights dams are to be constructed in particular locations and meet certain conditions in order to be considered a lawful harvestable right dam.
Anything taken outside of basic landholder rights, noting there are few exemptions, as with any legislation, would be subject to any potential or applicable licenses and or approvals in order to capture and use that water.
Will NRAR share the risk based approach to enforcement of breaches?
NRAR consider a number of factors, including the potential harm that can be caused, the culpability of the person, their attitude to compliance, and the severity of the actual issue that's been reported or the potential breach.
Watch the recording, at 12 minutes in NRAR discusses the compliance pyramid.
Successfully prosecuting a case requires evidence that proves illicit activity beyond reasonable doubt. Besides community reports, what are the tools NRAR has to provide this evidence in court cases?
NRAR has an investigation and enforcement team experienced in collecting evidence to build a case for prosecution.
NRAR has access to an expanding use of satellite technology and an intelligence division that is highly skilled at accessing this satellite imagery, determining issues or drawing information and data out of that satellite imagery which can support or evidence towards a particular breach, determining if something is actually occurring.
Does NRAR use the WaterNSW licence holder data base to disseminate information?
Yes NRAR does use the WaterNSW licence register to send out information.
Will the e-course become compulsory for all water users to complete? Where can I find information about the TAFE e-course?
The e-course is not compulsory. The e-course is available for anyone to undertake for free. Visit the NRAR website
What is the status of the implementation of floodplain harvesting metering?
The floodplain harvesting (FPH) metering compliance deadlines for Border Rivers and Gwydir were reached in August 2023
The FPH metering compliance deadlines for Macquarie and Barwon Darling were reached in March and April 2024 respectively.
The FPH licencing framework and metering compliance deadline for Namoi are still to be set, however, public consultation has taken place, and the results of that consultation are due to be released this year.
NRAR is checking compliance in areas where the deadlines have been reached. We are also gathering information about any barriers to compliance that might have been encountered.
At the end of that process, the level of compliance and factors impacting on that will be better understood.
If floodplain harvesting works are not metered by the required date, will the take of water by non-compliant works be prohibited?
Water users with licences to floodplain harvest are required to measure and report their water take in accordance with conditions on their linked water supply works approvals. Typically, this will require the installation and certification of metering equipment in line with the floodplain harvesting measurement framework.
Licence holders in areas whose deadlines have been reached have had a lengthy period to comply with the new rules.
We expect water users to make every effort to comply by their deadline. We will discuss any problems they’ve faced and consider them.
If people choose to capture water from a floodplain without a licence or without compliant metering equipment, they may be subject to enforcement action by NRAR.
We respond in a range of ways to non-compliance depending on the potential harm caused to the environment or other water users, the offender’s culpability and compliance history, and their attitude to compliance.
When appropriate, compliance responses start with guidance and education, however they can increase in severity depending on the seriousness of the offence.
When do you expect floodplain harvesting compliance will likely be complete for Border, Gwydir, Barwon & Macquarie valleys?
Namoi water sharing plan is a question for the department. We will take the first part on notice
Water users with licences to floodplain harvest in the Gwydir, Border Rivers, Macquarie and Barwon Darling are already required to comply with the floodplain harvesting rules.
NRAR expects water users to make every effort to comply by their deadline and are currently checking compliance. As part of that process, we have heard from water users who have faced challenges in complying with the rules.
Although we will consider those challenges when determining the most appropriate regulatory response, water users who choose to capture water from a floodplain without a licence or without compliant metering equipment, may be subject to enforcement action by NRAR regardless of any barriers or challenges.
The questions regarding the Namoi water sharing plan are best answered by DCCEEW Water.
How many actions have been taken on illegal flood works?
Water users with licences to floodplain harvest in the Gwydir, Border Rivers, Macquarie and Barwon Darling are already required to comply with the floodplain harvesting rules.
NRAR expects water users to make every effort to comply by their deadline and are currently checking compliance. As part of that process, we have heard from water users who have faced challenges in complying with the rules.
Although we will consider those challenges when determining the most appropriate regulatory response, water users who choose to capture water from a floodplain without a licence or without compliant metering equipment, may be subject to enforcement action by NRAR regardless of any barriers or challenges.
The questions regarding the Namoi water sharing plan are best answered by DCCEEW Water.
What is the single most important barrier for NRAR to effectively regulate floodplain harvesting and how are you attempting to overcome this barrier?
Although NRAR has used satellites to monitor floodplain harvesting take for some years, our floodplain harvesting compliance campaign began in August 2023 when the first floodplain harvesting deadline was reached in the Border Rivers and Gwydir regions. Since that time NRAR has been checking to ensure that all water taken in NSW is done in accordance with water licence and approval conditions, under an exemption, or basic landholder right.
Water users without appropriate licences and approvals to floodplain harvest can’t capture and store water from the floodplains.
We have heard from some water users that there may be barriers to compliance. These barriers are varied and sometimes complex, so NRAR’s approach and solutions are too.
Among the barriers we have been told of are delays in obtaining equipment, delays in finding a qualified person to install the equipment and other issues related to the way individual properties are set up and run.
Our general approach is:
- focusing on areas where the risk of harm is greatest
- employing the latest in satellite and remote sensing technology
- using expert spatial and data analysis
- relying on highly skilled field staff and legal expertise
- assisting and guiding people to meet their obligations.